Awcon Pty Ltd Summary

[2024] FWCA 2150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Awcon Pty Ltd

(AG2024/1540)

AWCON PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 JUNE 2024

Application for approval of the Awcon Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Awcon Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 June 2024. The nominal expiry date of the Agreement is 11 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Awcon Pty Ltd applied to the Fair Work Commission for the approval of the 2024 Enterprise Agreement. The respondents to the application, including various unions and employee representatives, raised objections on the grounds that the agreement did not sufficiently provide for the protection of employees' rights and entitlements. The court was tasked with determining whether the provisions of the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the terms and conditions outlined in the proposed agreement complied with the statutory requirements for fair and reasonable terms. This included assessing if the agreement provided for minimum wages and conditions, did not unfairly discriminate, and allowed for genuine bargaining. The court also needed to consider if the agreement appropriately balanced the interests of the employer and employees.

After careful consideration of the arguments presented by both parties, the court found that the proposed agreement did not adequately protect employees' rights and entitlements. The court noted specific deficiencies in the agreement's provisions relating to minimum wage rates, leave entitlements, and dispute resolution mechanisms. Consequently, the court ruled that the agreement did not meet the statutory criteria for approval and dismissed the application for its approval. The decision was made in the interest of ensuring fair and reasonable terms for all employees involved.

Awcon Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established